Applying Microsoft Heat to Antitrust Principles

Kelly McNeill writes “With Microsoft’s petition to the Supreme Court on Tuesday, we see an opportunity to not only revisit the decision made by Judge Jackson last year, but also to bring the highest court a discussion of the merits of the Sherman and Clayton Acts, the foundation of antitrust legislation in the United States. Microsoft has been reluctant over the past few years to make an issue of whether antitrust legislation is even valid to begin with. Most people are rightfully concerned about the concentration of power in the hands of the few. And most people understandably assume that if it’s the law, you shouldn’t question it. But this author seems to think we should.”